The NLRB has announced its intention of rewriting the definition of “employee” to prevent graduate and undergraduate students at higher education institutions from forming unions. Is it possible that the states will counter with laws that go the opposite direction? In an interview with Inside Higher Ed, Steve Bernstein said it’s unlikely that the “state courts would breathe new life into the student union question.” He said the proposed rule is not only good for institutions but “for the marketplace generally. Any time there’s a rule issued that in its proposed form offers guidance, it seeks to offer clarity in an area of law that is probably crying out for that.”

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